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Amílcar de Castro was a distinguished jurist[3] and scholar of law[4] Brazilian from Minas Gerais, born in 1892 and died in 1978. He served as judge[5] and professor at the Faculty of Law of the Federal University of Minas Gerais, earning renown for his significant contributions to the field. Procedural Law[2] and Private International Law[1]. His academic work and teachings have left a lasting impact on Brazilian legal academia, with numerous publications examining his academic achievements. During his career, he was recognised for his expertise in comparative legal studies and private international law. De Castro's legacy continues through his influential writings and academic contributions, which remain studied and referenced in legal circles. His centenary was celebrated in 1994, highlighting his importance in Brazilian legal history and his lasting influence as a prominent jurist from Minas Gerais.
Terms definitions
1. ↑ Private international law ( Private International Law ) Private international law is a legal field that deals with legal conflicts between different jurisdictions. Originating in the 19th century, it resolves issues involving international legal relations by determining which national law applies. Key concepts include connecting factors, nationality and the legal status of foreigners. The discipline aims to recognise legal acts from other countries, prevent legal injustices and guarantee predictability in cross-border situations. Unlike public international law, it is fundamentally a national legal framework that manages conflicts between different legal systems. Connecting factors such as domicile, nationality and location of property help determine the applicable laws. Critical considerations include respecting national sovereignty, public order and avoiding legal fraud. The field covers diverse scenarios involving international elements, providing mechanisms to harmonise legal interactions between different legal orders and jurisdictions.
2. ↑ Procedural law ( Procedural Law ) Procedural law covers jurisdiction, a state function that resolves legal disputes through a structured process. It operates when the parties request intervention, with the state acting as a substitute in legal matters. Jurisdiction is exercised through jurisdiction, determined by objective, functional and territorial criteria. The system guarantees a double degree of review, allowing judicial decisions to be scrutinised on appeal. The action is the legal mechanism that enables individuals to invoke judicial protection, subject to the conditions of legitimacy of the parties, procedural interest and legal possibility. The process itself is a complex legal entity that involves a relationship between the state, the judge and the parties, following a predetermined sequence of procedural acts. These acts are systematically recorded to preserve the legal memory and progress of the case.
3. ↑ jurist. A jurist is a legal professional with extensive knowledge of law, as distinct from a lawyer who practises law. Originating in the Roman legal system of the 4th century BC, jurists were initially legal advisors who interpreted public legal norms. In Latin America, the term denotes a specialist recognised for theoretical legal contributions. Jurists can work in the public and private sectors, including roles such as prosecutors, judges, public defenders and arbitrators. Their main focus is to study and analyse legal principles, contributing to the development of jurisprudence through academic interpretations. Unlike lawyers who apply the law in practice, jurists provide deeper theoretical insights into legal systems. A jurist's professional recognition is often conferred by the legal community, signifying a high level of expertise and theoretical understanding of legal structures.
4. ↑ law. Law is a complex system of rules that regulate human behaviour through rights and duties, shaped by various social and cultural influences. Rooted in Latin and Sanskrit origins, it encompasses various legal families such as civil law and common law. The field largely distinguishes between public and private law, addressing corporate and individual interests respectively. Its foundations date back to archaic societies, with early codifications such as the Code of Ur-Namu and the Code of Hammurabi. Roman law significantly advanced legal systems, separating law from religion and morality, and developing sophisticated legal concepts. Modern law comes from multiple sources, including state legislation, international treaties and individual contracts. Courts and tribunals apply legal norms through interpretation guided by doctrine, custom and judicial precedent, reflecting the dynamic and adaptive nature of law.
5. ↑ judge. Judges have evolved from divine representatives to qualified citizens selected on the basis of strict criteria. They are legally vested with jurisdictional power, maintaining impartiality within defined legal limits. The judicial role involves interpreting laws, with ongoing debates about the extent of discretionary power and potential legislative collaboration. Typically requiring law degrees and significant legal experience, judges are appointed or elected through comprehensive evaluation processes. Judicial independence is protected by measures such as tenure and financial security, ensuring that decisions can be made without undue influence. However, their role raises complex questions about separation of powers, particularly with regard to judicial review and potential encroachment into legislative domains. Accountability mechanisms, including public scrutiny and appeals processes, aim to maintain confidence in the legal system by balancing judicial discretion with procedural constraints.
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